Environment Protection Authority v Eveston (No 2) [2021] NSWLEC 150

Land and Environment Court New South Wales

Medium Neutral Citation: Environment Protection Authority v Eveston (No 2) [2021] NSWLEC 150 Hearing dates: 15 December 2021 Date of orders: 16 December 2021 Decision date: 16 December 2021 Jurisdiction: Class 5 Before: Pain J Decision: The Court orders: (1) Vacate the sentencing hearing listed on 9 and 10 February 2022. (2) List the matter before the List Judge on 25 February 2022 for directions. (3) The sentencing hearing is listed for 12-13 October 2022. Catchwords: PROCEDURE – vacation of sentencing hearing for two offences of failing to comply with conditions in an amended revocation notice granted – new hearing dates to be allocated Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), r 7.36 Cases Cited: Chief Executive, Office of Environment and Heritage v Turnbull [2019] NSWLEC 125 Environment Protection Authority v Eveston [2020] NSWLEC 178 Eveston v Environment Protection Authority [2021] NSWLEC 52 Category: Procedural rulings Parties: Environment Protection Authority (Prosecutor) Christopher James Eveston (Defendant) Representation: Counsel: T Epstein (Prosecutor) J Farrell (Defendant)

Solicitors: Environment Protection Authority (Prosecutor) File Number(s): 2020/145596, 2020/145597 Publication restriction: No

Judgment 1. The Defendant, Mr Eveston, has been charged with two offences relating to the failure to comply with two conditions of an amended revocation notice dated 12 February 2019 issued in relation to an environment protection licence. The failures relate to the removal of waste from a site at Goulburn in stages in a specified timeframe. Mr Eveston has pleaded guilty to both charges. He has filed a notice of motion dated 14 December 2021 seeking an order vacating the sentencing hearing presently set down for 9-10 February 2022. 2. Mr Eveston is represented by his barrister Mr Farrell who is acting pro bono and has only recently been briefed in November 2021. Mr Eveston was unrepresented from 12 July 2021 until recently.